Last Revised: June 17, 2025

 

Express Evaluations Terms of Service

 

NOTICE: BY CREATING AN ACCOUNT OR BY UTILIZING EXPRESS EVALUATIONS YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

This Terms of Use Agreement (“Terms”, or “Agreement”) governs your use of the Express Evaluations, Inc. (“Express Evaluations,” “Company,” “we,” “our,” or “us”) product, websites, and other services (collectively, the “Services”). By using the Services, you agree, without limitation or qualification, to be bound by the Terms and our Privacy Policy. If you do not agree, do not use the Services. 

 

Express Evaluations may revise the Terms at any time, all changes are effective immediately when we post them, and the changes apply to all uses of the Services. However, any changes or modifications to these Terms will not apply retroactively unless we provide you advance notice, in writing, of such changes. In addition, changes to these Terms will not impact the binding effect of any separate services agreements with you or any other client, given that these Terms are intended to more generally

govern access to the Services. Your continued use of the Services means you accept all such revisions, and you agree to comply with all applicable laws and regulations. The materials provided on the Services are protected by law, including, but not limited to, United States copyright and trademark laws and international treaties.

 

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals accessing the Services for any reason. If the Services are being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “you” includes you and such entity. If you are accessing the Services on behalf of an entity, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to the Terms, and (b) you agree to the Terms on that entity’s behalf.

 

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH EXPRESS EVALUATIONS ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 13). PLEASE READ IT CAREFULLY. 

 

1. BUSINESS SERVICES AGREEMENT

 

These Terms, along with our Privacy Policy, are incorporated into and are part of the Business Services Agreement. If you or the entity you represent have subscribed to a Subscription Plan (as defined in the Business Services Agreement), then you have duties and obligations under the Business Services Agreement and are bound by the terms and conditions of that agreement. If there are any conflicts between the Terms and the Business Services Agreement, the Business Services Agreement shall control.

 

2. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own Initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-BIiIey Act (GLBA).

 

3. ACCESS

 

When you receive an invite-link or other means of authorizing you to create an account or otherwise access the Services, you will be deemed a “User” of the Services. The access links and credentials you receive are for your personal use only, and you are not authorized to, and you agree not to, share any links and/or access credentials you receive with any other persons. Your access to the Services may be via invitation from a third-party, such as a customer of Express Evaluations, in which case your permissions and access may be governed by other terms and conditions, including terms and conditions imposed by the person or entity that granted you access to the Services. In cases where your access to the Services was granted by a person or entity other than Express Evaluations, you agree that we may provide such person or entity with the ability to limit or restrict your access to the Services, including the User Content (as defined below in Section 4) you submit. You are responsible for maintaining the confidentiality of any access data and credentials, including your password, for your account, and you understand and agree that you are fully responsible for all activities that occur under your account.

 

By using the Services, you represent and warrant that you are at least 18 years of age, and you agree to immediately notify Express Evaluations of any known or suspected unauthorized use of your account or any other breach of security. Express Evaluations is not liable for any loss or damage arising from acts or omissions by you in connection with your account and/or your failure to comply with this section. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form, when applicable, and (b) maintain and promptly update your information to keep it true, accurate, current and complete.

 

4. LICENSE, RESTRICTIONS, AND RELATIONSHIP

 

Subject to the limitations and conditions provided in the Terms, Express Evaluations hereby grants you a revocable, non‑transferable, non‑exclusive, limited right to access the Services solely for your internal business purposes.

You may not, and agree that you will not:

• sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, or otherwise permit any third party not authorized by the Terms or by Company, in writing, to access or use the Services;

• translate, modify, or develop any derivative works based on the Services;

• decipher, disassemble, reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code, specifications, architecture, structure, or any other components or elements of the Services;

• use the Services to send or store material containing viruses or other harmful computer code, scripts, agents, files, or programs;

• utilize or access the Services in any way, in whole or in part, to build a competitive product or service;

• disrupt, delay, or otherwise interfere with the integrity or performance of the Services, the Company’s ability to maintain and deploy the Services, or data stored within the Services;

• use the Services to provide processing services to third parties, without written authorization by Company;

• collect or disclose performance, capacity, or benchmark statistics on the Services or other Services;

• systematically retrieve data or other User Content (as defined below) from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, other than a routine backup or generation of reports, without written permission from us;

• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

• circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of the Services and/or the User Content contained therein;

• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;

• use any information obtained from the Services in order to harass, abuse, or harm another person;

• make improper use of our support services or submit false reports of abuse or misconduct;

• use the Services in a manner inconsistent with any applicable laws or regulations;

• engage in unauthorized framing of or linking to the Services;

• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment oft the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

• delete the copyright or other proprietary rights notice from any User Content;

• attempt to Impersonate another user or person or use the username of another user;

• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");

• interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

• attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;

• copy or adapt the Services' software, including but not limited to Flash, PHR HTML, JavaScript, or other code;

• except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;

• use a buying agent or purchasing agent to make purchases on the Services;

• make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

• use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor or commercial enterprise;

• attempt to gain unauthorized access to the Services or related systems;

• violate Company’s intellectual property rights or in any way disrupt or impede Company’s ability to protect, assert, or defend its intellectual property rights; or

• otherwise use the Services except as permitted by the Terms.

You understand and agree that no agency, partnership, employee-employer, franchiser-franchisee, or joint venture relationship is intended or created between you and Express Evaluations by the Terms.

 

5. USER CONTENT

 

Express Evaluations does not claim ownership over any content, materials or information you and other users submit on or through the Services (“User Content”). You are the owner of, and are responsible for, your User Content. By uploading any User Content to the Services, however, you grant us the permissions and licenses necessary for us to provide and deliver the Services.

 

You understand that all User Content is the sole responsibility of the person from which such User Content originated. You also understand and agree that Express Evaluations does not control and has no duty to validate, and does not guarantee in any way, the User Content posted via the Services.  By posting or submitting your User Consent through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your User Content.

 

You agree that you will not:

• upload, create, or otherwise make available any User Content that is unlawful, harmful or abusive, vulgar, invasive of another’s privacy or discloses their identity or contact information (without the written consent of the owner of that information), hateful or racist, or otherwise objectionable (as determined by us);

• upload, create, or otherwise make available any User Content that is (i) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act of 1996; (ii) used to identify a specific individual and is sensitive in nature, such as social security numbers, driver’s license numbers or other government ID numbers; (iii) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (iv) financial information, such as credit, debit or other payment card data subject to PCI DSS; (v) personal data enumerated in Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; or (vi) any data similar to the foregoing that is protected or otherwise regulated under foreign or domestic laws or regulations;

• engage in any manipulation of data or fields, or any other behavior intended to disguise the origin of any User Content;

• upload or create any content that you do not have the necessary rights and/or permissions to use and to authorize us, the Services, and other users of the Services to use in any manner contemplated by the Services and/or these Terms;

• upload or create any content that is false, inaccurate, or misleading;

• upload or create in the Services any User Content that you do not have a right to upload or create, including any User Content that infringes in any way the intellectual property rights, rights of privacy, or proprietary rights of any party; or

• upload or create any User Content that is considered “spam” by nature or type.

6. TERMINATION OF LICENSE AND YOUR ACCOUNT

 

If you breach any provision of the Terms, all access, privileges, and rights granted by Express Evaluations will terminate automatically. Additionally, if the Business Services Agreement that provides for your access to and use of the Services terminates, then your access to the Services will similarly terminate. Express Evaluations may suspend, disable, or delete your account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If you breach the Terms, or are suspected by Express Evaluations to have breached the Terms, you will not be permitted to, and you agree not to, access or re-register the Services, including under a different name or email address. If we delete your account for any reason, Express Evaluations may, but is not obligated to, delete any or all of your User Content. Express Evaluations shall not be responsible for the deletion of, or the failure to delete, your User Content. All sections which by their nature should survive the termination of the Terms shall continue in full force and effect subsequent to and notwithstanding any termination of the Terms by Express Evaluations or you. Termination of your account will not limit any of Express Evaluations’s other rights or remedies at law or in equity.

 

7. PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS

 

Express Evaluations and/or its licensors, as applicable, retain ownership of all rights in the Services. If you choose to provide us with any feedback, comments and suggestions for improvements to the Services (“Feedback”), you agree that any such Feedback becomes the sole and exclusive property of Express Evaluations. If you choose to provide Feedback, you understand and agree that you do not and will not receive or be entitled to any right, title or interest in the Services or in any Feedback that you provide. We may use the Feedback you provide in any manner and for any purpose, in our sole discretion, and you will not be notified or receive any compensation. You hereby assign to Express Evaluations any and all right, title and interest that you may have in and to any and all Feedback.

 

 

8. THIRD PARTY MATERIALS

 

The Services may display, include, or make available content, links, information, applications, products, services, websites, or other materials of and/or from third parties (“Third Party Materials”). You understand and agree that Express Evaluations is not responsible for examining or evaluating any aspect of such Third Party Materials. You further understand and agree that we do not warrant or endorse, and we will not have any liability or responsibility to you or any other person for, any Third Party Materials. Any complaints you may have in connection with any Third Party Materials or third-party website should be directed to such third party directly.

 

9. DIGITAL MILLENNIUM COPYRIGHT ACT

 

Express Evaluations adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).

If You believe that any materials or works uploaded, downloaded or appearing on the Services have been copied in a way that infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

• identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

• information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to info@expressevaluations.com, by phone to 385-501-6200 or via mail to the following address: Express Evaluations, Inc, PO Box 580, Mona, Utah 84645. Express Evaluations will terminate access of repeat infringers.

 

10. INDEMNITY

 

You agree to indemnify Express Evaluations if a claim is made against Express Evaluations due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Express Evaluations, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your User Content, your conduct toward other users, your negligence or willful misconduct, or your breach of the Terms.

 

Express Evaluations agrees to indemnify you if a claim is made against you due to the actions of Express Evaluations. Express Evaluations agrees, to the extent permitted under applicable law, to indemnify, defend, and hold  harmless you, your affiliates, and their and your respective officers, directors, agents, and  employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities,  and expenses, including attorney’s fees, due to, arising out of, or relating in any way Express Evaluation’s conduct toward other users, our negligence or willful misconduct, or our breach of the Terms.

 

11. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, BUSINESS INTERRUPTION, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF EXPRESS EVALUATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (c) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE INDEMNITY OBLIGATIONS SET FORTH IN SECTION 10, EACH PARTY’S MAXIMUM CUMULATIVE LIABILITY AND THE EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY.

 

12. DISCLAIMER

 

THE PLATFORM AND ALL OTHER SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, SECURITY OR CONTENT OF THE PLATFORM OR OTHER SERVICES, OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, EXPRESS EVALUATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERROR, WILL BE UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY EXPRESS EVALUATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

 

YOU UNDERSTAND AND AGREE THAT EXPRESS EVALUATIONS MAY, AT ANY TIME AND IN ITS SOLE DISCRETION, MODIFY OR DISCONTINUE, PERMANENTLY OR TEMPORARILY, ANY PART OF OR ALL OF THE SERVICES WITH OR WITHOUT NOTICE, AND THAT EXPRESS EVALUATIONS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR TAKING SUCH ACTION.

 

You acknowledge that use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent security precautions and illegally gain access to the Services and User Content.  Accordingly, Express Evaluations cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the internet.

 

13. DISPUTE RESOLUTION - BINDING ARBITRATION

 

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration. If you and Express Evaluations are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Utah. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Utah, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

 

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one year after the cause of action arose. It this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal Jurisdiction of that court.

 

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. It this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

14. CLASS-ACTION WAIVER AND JURY WAIVER

 

By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you understand that arbitration proceedings are different from trials and other judicial proceedings, and that decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

15. GOVERNING LAW, STATUTE OF LIMITATIONS, AND RELIEF

 

Utah law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law). Except where this arbitration agreement is prohibited by law, the laws of the State of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to the Terms or the Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 12 above shall be governed by the Federal Arbitration Act.

 

You agree that, notwithstanding any statute, law, or regulation to the contrary, any claim or cause of action arising out of or related to the Services or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

 

You acknowledge that your violation of the Terms will cause irreparable injury to Express Evaluations and that Express Evaluations will therefore be entitled, but not required, to seek equitable relief without posting bond or other security in addition to any remedies it may have hereunder or at law.

 

16. VENUE

 

Any claims that are not submitted to arbitration for any reason must be litigated in Utah (except where prohibited by law). All claims arising out of or relating to the Terms, to the Services, or to your relationship with Company that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Utah, U.S.A. You and Company consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.

 

17. SEVERABILITY

 

In the event one or more of the provisions of this Agreement is held to be invalid or otherwise unenforceable by a court of competent jurisdiction for the matter in question, the enforceability of the remaining provisions shall be unimpaired.

 

18. WAIVER

 

The failure of either party at any time to enforce any right or remedy available to it under the Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party.

 

19. COMPLAINTS

 

If you have any complaint regarding the Services, you may contact us at the address or email provided below. If you are a resident of the State of California, you may, in accordance with Cal. Civ. Code § 1789.3, report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

20. EXPORT RESTRICTIONS

 

The Services, or portion thereof, may be subject to Export Administration Regulations or other export control laws. You therefore agree that you will not export, transfer, or disclose in any way, any portion of the Services, directly or indirectly, in violation of applicable export laws or regulations.

 

21. ACCEPTANCE OF TERMS; AMENDMENTS

 

 

By using the Services, you accept the Terms and agree to be bound by:

 

(a) the Terms, which we may amend from time to time;

(b) our Privacy Policy; and

(c) the Business Services Agreement, if applicable.

 

If you do not accept and agree to be bound by all of the terms of this Agreement, do not use our Services. The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.

 

Note that Express Evaluations may update and modify the Terms at any time by posting modified terms on its website and revising the date at the top of the Terms. It is your responsibility to review the Terms from time to time to view any such changes.  The updated Terms will be effective as of the time of posting, and you agree that your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

 

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

23. ENTIRE AGREEMENT

 

This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, and Business Services Agreement when applicable, contain the entire agreement between you and Express Evaluations regarding the use of our Services. These Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of the Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that your Express Evaluations account and access to the Services are non-transferable and all of your rights to your account, its content, and any other access link or permissions terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of the Terms, and you may not make any representations on behalf of or bind Express Evaluations in any manner.

 

24. HEADINGS

 

The section headings contained in the Terms are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Terms.

 

25. HOW TO CONTACT US

 

You may contact us regarding the Services or the Terms at: info@expressevaluations.com, by phone to 385-501-6200 or via mail at Express Evaluations, Inc, PO Box 580, Mona, Utah 84645.